Instructions for Requesting Benefits Using USCIS ELIS. May AILA InfoNet Doc. No (Posted 05/22/12)

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1 Instructions for Requesting Benefits Using USCIS ELIS May 2012

2 Table of Contents 1.0 Introduction General Instructions How Do I Get Started? Who Can File? What Should I Know Before Filing? What Documents Do I Need to File My Benefit Request? Required Documentation Valid Passport Translations Arrest or Conviction Records How Do I File My Benefit Request Online? Filing Instructions Apply Online About You USCIS Account Information Name(s) Addresses Communication Preferences Biographic Information Immigration Government Identification Benefit Request Type Benefit Request Type Eligibility Information: General Instructions Eligibility Information: Specific Instructions Beneficiary Information Beneficiary s Relationship to You: General Information Beneficiary s Relationship to You: Specific Instructions Addresses Biographic Information Immigration Government Identification Supplemental Biographic Information Employment History Education History Residence History Evidence Evidence Needed Evidence Instructions Preparer General Information Required Preparer Information Instructions for Requesting Benefits Using USCIS ELIS 2

3 3.8 Review of Benefit Request(s) Submit and E-Sign Pay.gov Confirmation Glossary of Forms, Terms and Organizations Referenced Forms Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form I-95, Nonimmigrant Arrival-Departure Document Form I-20A-B, Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students Visa Types B-1, Visitor for Business Terms and Organizations Instructions for Requesting Benefits Using USCIS ELIS 3

4 1.0 Introduction USCIS is committed to creating an electronic benefit processing system that is easy to use and understand, and provides its users with timely and accurate information. USCIS ELIS, our Electronic Immigration System, provides a simplified, online method for applicants, petitioners, and their attorneys or accredited representatives to submit and track electronically filed applications. USCIS ELIS is designed to: Make it easier for you to access information about your benefit requests. Provide you with more up-to-date and detailed case information. Provide a variety of e-payment options. Reduce time spent entering information by automatically inserting into future benefit requests certain common information, such as your name and date of birth. Let you submit benefit requests and supporting evidence electronically. Instructions for Requesting Benefits Using USCIS ELIS 4

5 2.0 General Instructions 2.1 How Do I Get Started? Before you or your attorney or accredited representative can file an online benefit request in USCIS ELIS, a user account must be created. You can start by going to You can also access USCIS ELIS through our Forms page: Once you access USCIS ELIS, you will see instructions on how to create an account and file an online benefit request. 2.2 Who Can File? The chart below shows who can file an I-539 request (Application To Extend/Change Nonimmigrant Status) in USCIS ELIS. USCIS will update this chart as more types of request forms become available through the online system. If you want to Extend status Change status Reinstate status and you then Exceptions are currently a B-1, B-2, F-1, M-1 or M-2 want to become a B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2 previously were a F-1, F-2, M-1 or M-2 you can file in USCIS ELIS. Students in the F-1 classification who received a date-specific visa that requires completion of a given course of study within a specific time can extend status, if eligible for an extension, in USCIS ELIS. Other F-1s are admitted for duration of status and should contact their designated school official to extend status. M-1 vocational students who are seeking to transfer to another school are considered to be seeking an extension of status. An M-1 student may not change status to an F-1 student. The spouse or child of a person in F-1 or M-1 status may also be included in the principal applicant s benefit request. Instructions for Requesting Benefits Using USCIS ELIS 5

6 2.3 What Should I Know Before Filing? Before USCIS can grant your benefit request, you must establish your eligibility. You will be required to answer questions. USCIS will review your answers to determine if you are eligible. If you must provide additional evidence, USCIS ELIS allows you to scan and upload evidence at the time you initially file your benefit request or in response to a Request for Evidence (RFE). If you have evidence that you believe supports your case, scan and upload it into USCIS ELIS before submitting your request. If you have trouble scanning and uploading documents and evidence after you have electronically submitted your application, you may mail the additional evidence to USCIS. However, mailing documents will add to the time it takes to process your application, so we strongly encourage you to scan and upload documents, if possible. If you must mail documents to USCIS, please provide the USCIS ELIS receipt number on the cover page and submit them to: Vermont Service Center 75 Lower Weldon St. St Albans, VT USCIS may deny a benefit request submitted with false documents, misrepresentations of facts, or other fraudulent content. Persons involved in such fraudulent activity may lose the right to file for current and/or future immigration benefits and services. They may also face severe penalties, criminal and/or civil prosecution, fines, and/or imprisonment. We take fraud very seriously and may prosecute to the fullest extent of the law. 2.4 What Documents Do I Need to File My Benefit Request? USCIS may ask you for several types of documents to support your benefit request Required Documentation Depending on the benefit, you will be asked to scan and upload certain documents into USCIS ELIS. You must scan the front and back of each document and upload your original Form I-94, Arrival-Departure Record, as well as the I-94 for each person you will include in your benefit request. You also may scan and upload copies of other evidence. All copies of original documents must be clear and readable Valid Passport If you were required to have a foreign passport to be admitted into the United States, your foreign passport must remain valid and unexpired during your nonimmigrant stay. If a required passport is not valid or is expired when you file your benefit request, you must provide an explanation for why your passport is not valid at the time of filing Translations Any document written in a language other than English must be accompanied by a full English-language translation. Translators of any such document must certify that: the translation is complete and accurate, and they are competent to translate from the foreign language into English. Instructions for Requesting Benefits Using USCIS ELIS 6

7 2.4.4 Arrest or Conviction Records If you have ever been arrested, fingerprinted or detained, or convicted of a criminal or civil offense, you must submit a certified copy of the charging document, arrest and conviction records, and any other official documentation regarding the incident. Incomplete or improper submission of arrest or conviction documentation may affect the processing of your case and USCIS s decision on your benefit request. If a particular document is unavailable, you must provide an official notice or certified court document confirming unavailability of the record. This documentation or evidence must be marked as an official or certified copy. If the record has been purged, expunged or sealed, or if it is unavailable for any other reason, you must provide an official certified notice from the court stating so. 2.5 How Do I File My Benefit Request Online? The Online Setup Assistant, a USCIS ELIS system tool, will guide you step by step through the entire e-filing process. For the Form I-539, you will be asked to provide information or answer questions that appear in the following categories: About You Benefit Request Type Eligibility Information Beneficiary Information Supplemental Biographic Information Evidence Preparer Directed by your responses to questions, the Online Setup Assistant will take you to various fields that you must complete. Once you provide all requested information and evidence, you will be asked to review your request and follow the steps to sign, pay for and submit your benefit request. The next chapter provides instructions for completing your I-539 online. These instructions are linked to each pertinent Online Setup Assistant screen. Also, you can access the full instructions at any time, as you complete your request, by visiting NOTE: As with the instructions on the paper version of Form I-539, any instructions provided in USCIS ELIS are deemed to be incorporated into the regulations and have the force of law. Instructions for Requesting Benefits Using USCIS ELIS 7

8 3.0 Filing Instructions 3.1 Apply Online Start the application process by selecting the type of benefit request you are going to file. For Form I-539, select Application to Extend/Change Nonimmigrant Status. 3.2 About You In this section, you will be asked to provide information about yourself. This includes your full legal name, current physical address, current mailing address (if different from your physical one), contact preferences, biographic information and a valid identity document. Please note: You may have an attorney or accredited representative complete this section on your behalf USCIS Account Information 1. You should receive a unique USCIS ELIS account number in the mail after you create your account. Enter your 12-digit USCIS ELIS account number (e.g., ) as provided on your USCIS notice. 2. If you would like to add additional information that may be relevant to determining your eligibility for the benefit request, provide comments in the additional space provided Name(s) Full Legal Name 1. You must use your full legal name for USCIS records and documents. The name you provide must be the same that appears on your passport, birth certificate or other government-issued identity document. 2. You can scan and upload the documents that establish your identity. Name Changes 1. If your name has changed due to marriage, divorce, naturalization or adoption, or through a court order, you must submit evidence of the legal name change. 2. The following sets of terms are often used interchangeably: (1) Family name, surname, and last name (2) Given name and first name (3) Middle name and second name 3. If you have no first name, select No first name. If you have no middle name, select No middle name. Other Names Used 1. If you have ever used any other names, select Yes. Instructions for Requesting Benefits Using USCIS ELIS 8

9 2. You must provide any names you previously used, including nicknames, aliases, maiden name, part of a first or last name, or a shortened or altered version of a legal name. Examples: Kate used in place of Catherine (given name), William used in place of Guillermo (given name), or Rama used in place of Ramachandran (family name) Addresses Current Physical Address in the United States You must provide USCIS with your current physical address. This address may not be a Post Office Box (P.O. Box) or an in care of (c/o) address. Foreign Addresses 1. If your residence is not within the United States or a U.S. territory, provide your address in the address fields. 2. Select your country from a pull-down menu. You must also provide the province and postal code (if applicable). If your country was known by a different name at the time of your birth or when you resided there (for example, Soviet Union in the past, Kazakhstan today), include the present name of your country in the space available to type in a country name. Mailing Address 1. If your mailing address differs from your physical address, provide your mailing address in the spaces provided. This may be a Post Office Box (P.O. Box) address if that is how you receive your mail. 2. If your mail will be sent to someone other than yourself, include an in care of (c/o) name as part of your mailing address. The in care of name designation provides the name of a person currently residing at the given mailing address Communication Preferences USCIS Notices are official documents from USCIS that require your attention and include your personal information. Examples of USCIS Notices include Requests for Evidence, Approval Notices, Account Creation Notices and Denial Notices. Electronic Notification USCIS may contact you via electronic notification. This means that USCIS will use the Internet to send you messages about updates to your USCIS ELIS Online account. Examples of USCIS electronic notifications include messages or text messages sent to the address you used to create your USCIS ELIS account. USCIS will send official notices generated in USCIS ELIS via U.S. postal mail unless you request electronic notice. If you choose to be notified electronically, USCIS will notify you via or Short Message Service (SMS)/text messaging to view your account for recent updates. Instructions for Requesting Benefits Using USCIS ELIS 9

10 NOTE: Even if you request electronic notification, USCIS will only send proof of benefit documents through regular U.S. postal mail. These documents provide evidence of status or employment authorization (for example, a newly issued I-94 or employment authorization card). USCIS will notify you when a document is sent via U.S. postal mail Biographic Information Current Member of the U.S. Military Indicate whether you are currently a member of the U.S. military. Date of Birth Enter your date of birth using the month-day-year format (mm/dd/yyyy), even if your birth certificate or government-issued identity document uses a different format. Place of Birth 1. Provide your place of birth as it is shown on your birth certificate. Please be sure to include the city, state, county, province, and country of birth in the fields provided. 2. If your country of birth no longer exists, select Other and insert the name of the country at the time of your birth in the additional space provided. Gender Provide your gender in the space provided (male or female). Country of Citizenship 1. Provide the present name of the country of your citizenship. 2. If you hold dual citizenship or are a citizen of multiple countries, list all of the countries where you have been (or still are) considered a citizen Immigration Immigration Status 1. Provide the specific immigration status you currently hold. 2. If you are no longer in a valid immigration status because you have stayed past your authorized period of stay, enter the date your period of stay ended in the field provided. If you entered the country without having been inspected and admitted or paroled into the United States at a port of entry, indicate EWI (for Entry Without Inspection) in the field provided. 3. If you have a valid and current immigration document that was issued to you by USCIS, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection or the Executive Office for Immigration Review at the Department of Justice, provide the immigration status shown on that document. Entry into the United States 1. Indicate the specific immigration status you obtained when you last entered the United States. If you are not a U.S. citizen or lawful Instructions for Requesting Benefits Using USCIS ELIS 10

11 permanent resident of the United States, your status can usually be found on the Form I-94 issued to you at the U.S. port of entry, if one was provided. 2. If you have been to the United States previously, you must provide the number of times you have entered the U.S. and your immigration status upon each entry. (For example, if you entered the U.S. as a B-2 nonimmigrant visitor twice, in March 1994 and July 2010, at the port of entry in San Ysidro select B-2 from the drop down menu or type B-2 into the space provided) 3. Provide additional information (such as prior entries and departures) in the additional space provided. Most Recent Arrival (Arrival-Departure Record) 1. With the exception of Canadian visitors, most nonimmigrants are given a Form I-94, Arrival and Departure Record; a Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form; or a Form I-95, Nonimmigrant Arrival-Departure Document, at the time of their admission to the United States and when they change or extend their status. 2. If you were issued a Form I-94, I-94W or I-95 and still have it in your possession, provide your Arrival-Departure Record Number. 3. If you were issued a Form I-94, I-94W or I-95 but are no longer in possession of it due to loss, theft, mutilation or damage, explain why you don t have it. 4. If you are a Canadian citizen who entered the United States as a visitor for business or pleasure, select B1/B2. 5. If you entered the country without being admitted to the United States at a port of entry (without inspection, admission or parole), indicate EWI (Entered Without Inspection) in the field provided. 6. When filing your benefit request, submit a scanned copy of the Form I-94, I-94W or I-95 as evidence of your status. Expiration of the Period of Admission 1. Enter the expiration date using the month-day-year format (mm/dd/yyyy). The picture below shows where you can find the expiration date on your Form I-94. Instructions for Requesting Benefits Using USCIS ELIS 11

12 2. If you entered as an asylee or refugee, your Form I-94 may show that you were admitted indefinitely, or D/S. If so, mark D/S in the space provided. If your I-94 has no annotation, leave the space blank. 3. If you entered as a student, you were probably admitted for duration of status (D/S). If so, enter D/S in the space provided. 4. If you entered the United States under the Visa Waiver Program (VWP) and you were admitted via the VWP Electronic System for Travel Authorization, your passport should contain a U.S. admission stamp with your class of admission ( WT/WB ) and expiration date. Enter the date in the space provided Government Identification U.S. Government-Issued Identity Card or Document 1. If you have an identity card or document issued by the U.S. government, select Yes. This identity card or document must contain your photograph. 2. Provide information from at least one of the documents listed. You will be required to scan and upload a copy of the document(s) into USCIS ELIS. 3. If you have a U.S.-issued passport, select Passport and provide the name of the issuing country (United States), passport number and expiration date of the document in the spaces provided. 4. If you have a driver s license issued by a U.S. state or territory, select U.S. Driver s License and provide the name of the issuing U.S. state or territory, driver s license number and the expiration date in the spaces provided. 5. If you have any other U.S. government-issued photo identification document, select Other Government-Issued Photo ID and describe the Instructions for Requesting Benefits Using USCIS ELIS 12

13 type of document. Provide any available document number and the expiration date in the space provided. Foreign Government-Issued Identity Card or Document 1. If you have an identity card or document issued by a foreign government, select Other Government-Issued Photo ID. This identity card or document must contain a photo of you. 2. If the foreign identity card or document has an ID number, enter the number in the space provided. 3. If the foreign identity card or document has an expiration date, enter the date in the space provided. 4. If you have a passport issued by a foreign government, select Passport and provide the name of the issuing country, passport number and expiration date of the document in the spaces provided. No Identification Card Available 1. If you do not have a government-issued identity card or document, select No. 2. In the space provided, explain why you do not have an identity document. 3.3 Benefit Request Type In this section, you must indicate what benefit you are seeking. If you have family members with you in the United States, you as the principal applicant will be asked to provide information about them as well. NOTE: Any family members wishing to file a separate benefit request must first establish their own account in USCIS ELIS. You cannot use another person s USCIS ELIS account, even if that person is related to you. If you are assisting a family member with completing their benefit request: The family member must have his or her own USCIS ELIS account, and You must enter information about yourself in the section for Preparers during the Online Setup Assistant process. Only the account holder can e-sign his or her application, except in cases involving: A parent or legal guardian of an individual under the age of 14, or An individual who is physically incapacitated or developmentally disabled. For cases involving the above-mentioned exceptions, you must create an account for the child or disabled person in their name and then complete a benefit request for them. You will be required to provide documentation to establish that you are the legal guardian or parent, and you must complete the Preparer section of the request before you e-sign on their behalf. Instructions for Requesting Benefits Using USCIS ELIS 13

14 3.3.1 Benefit Request Type Select the type of benefit you are requesting. Extension of Stay 1. If you are filing your benefit request only for yourself, provide your current immigration status and the date to which you would like to extend your status. Generally, the date to which you can extend your status will be determined by your nonimmigrant visa status and how long you have already been in the United States. 2. If you are filing your benefit request with family members who are included in your request, provide your current immigration status and the date to which you would like to extend to your stay. 3. If you are currently in B-2 (visitor for pleasure) nonimmigrant status and you are seeking an extension of stay, you must submit documentation showing that either you are able to pay for your expenses or someone else is able to support you while you are in the United States. 4. You must provide the full legal names for each family member applicant/beneficiary included in your benefit request. 5. If your family member has no first name, select No first name. If your family member has no middle name, select No middle name. Change of Nonimmigrant Status 1. All members of your family must currently be seeking a change of nonimmigrant status to the same nonimmigrant status that you are seeking. 2. If you are filing your request individually, select the category for your current nonimmigrant status (for example, B-1) and then select the new nonimmigrant status to which you want to change. 3. If you are in B-2 (visitor for pleasure) status and seek to change status to F-1 (academic student) or M-1 (vocational student), you must submit documentation showing that you or someone else can pay for your studies and support while you are in the United States. 4. If you are filing your request with family members who are in the United States with you, select the category for your current immigrant status (not the family member s) and the new nonimmigrant status to which you and your family want to change. 5. You must provide the full legal names for each family member applicant/beneficiary included in your benefit request. 6. If your family member has no first name, select No first name. If your family member has no middle name, select No middle name. Instructions for Requesting Benefits Using USCIS ELIS 14

15 Reinstatement of Student Status 1. If you are filing your request individually, provide the nonimmigrant status you held before you became out of status and any documentation (or explanation of circumstances) to establish why reinstatement is warranted. 2. If you are filing your request with family members who are included in your benefit request, provide your current nonimmigrant status. 3. You must provide the full legal names for each family member applicant/beneficiary included in your benefit request. 4. If your family member has no first name, select No first name. If your family member has no middle name, select No middle name Eligibility Information: General Instructions In this section, you are asked questions addressing your eligibility for the benefit you are requesting. Respond accurately to all questions and provide the requested information. For certain nonimmigrant categories, there are additional eligibility requirements that must be met before you can file a benefit request. J Exchange Visitors Subject to the 2-Year Foreign Residence Requirement 1. Some J-1 and J-2 exchange visitors are subject to the 2-year foreign residence requirement found in Section 212(e) of the Immigration and Nationality Act (INA), as amended. This obligation requires the J-1 exchange visitor applicants and, in some cases, their J-2 dependents to return to their home country for 2 years at the end of the J-1 program. 2. The J visa issued by the U.S. Department of State and placed in your passport, in most instances, will indicate whether or not you or your dependents are subject to the 2-year foreign residence requirement. 3. If you are subject to the 2-year foreign residence requirement under INA 212(e), you cannot change your nonimmigrant status until the 2-year requirement is either fulfilled or waived prior to you filing a request to change nonimmigrant status. Criminal History You must respond Yes to pertinent questions in this section if you have been arrested, detained, fingerprinted or convicted in connection with any criminal activity even if no charges were ever filed after your arrest or if your conviction was expunged. If you answer Yes to any of these eligibility questions, you must submit the following documents with your benefit request. They are listed here under the heading for the category you may fit into. No Charges Filed If you have ever been arrested or detained by any law enforcement officer for any reason but charges were NOT filed, submit an original official statement by the arresting agency or applicable court confirming that no Instructions for Requesting Benefits Using USCIS ELIS 15

16 charges were filed. If you cannot obtain an official statement, explain why in the additional space provided. Charges Filed If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, submit: An original or court-certified copy of the complete arrest record; and A certified copy of the final court disposition for each incident (dismissal order, conviction record or acquittal order). The arrest record(s) must be a complete official record from the law enforcement agency that made the arrest. The record(s) should show the name of the law enforcement agency that made the arrest, who was arrested, the date of the arrest, and the reason for the arrest (the charge[s] or citation[s] made by the law enforcement agency). Convictions and Court Dispositions If charges were filed against you without an arrest, you were indicted, or you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug-treatment or community-service program), submit: An original or court-certified copy of the sentencing record for each incident; and Evidence that you completed your sentence. All dispositions must be from the court where your case was tried. If the case has not yet been to trial, submit official notification from the court of the pending court date. If any motions to dismiss were filed, provide the entire court proceedings (not just the disposition of the motion). The court dispositions must reflect the date of the offense, the charge, and the final disposition by the court. Inability to Submit Court Documents If you are unable to submit court documents, or if the case was dismissed prior to going to trial, obtain an original letter from the court or the district attorney's office of the city or municipality where the arrest or conviction occurred. This letter must indicate the date of the offense, the charge, and the final disposition by the court Eligibility Information: Specific Instructions Account Information 1. If you were issued a Form I-94, I-94W or I-95 and still have it in your possession, select Yes. 2. You must submit a scanned copy of the Form I-94, I-94W or I-95 as evidence of your status when you file this benefit request. Principal Alien A principal alien is the person who applies for an immigrant status and from whom another person may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children). Instructions for Requesting Benefits Using USCIS ELIS 16

17 1. If you are filing a request for status based on a principal alien s status, select Yes. 2. Indicate the status the principal alien currently has or, if he or she has a pending request with USCIS, the status the principal alien will receive if approved. 3. Provide the principal alien s current physical address. Education Information 1. If you or any family member are seeking to change status to, or from, F (academic student), M (vocational student), or J (exchange visitor), select Yes to indicate that you are seeking a change in status. 2. Provide your SEVIS registration number, which appears on your approved I-20A-B. (Example: N ) 3. If you or any accompanying family members are currently in B-2 (visitor for pleasure) status and seeking to change status to either F-1 (academic student), M-1 (vocational student) or J-1 (exchange visitor), select Yes to indicate that you are seeking a change in status. 4. Provide the information requested to establish how you will support yourself and any accompanying family members financially while in the United States. J1/J2 Exchange Visitor Visa 1. Provide the name of the person who is in J1 or J2 status. 2. If the person who is currently in J1 or J2 status is subject to the 2-year home residence requirement, select Yes. 3. If the person who is currently in J1 or J2 status has received a waiver of the 2-year home residence requirement, select Yes. Immigrant Visa 1. If you or any family members currently have an application for an immigrant visa pending on your or their behalf with a U.S. consulate or embassy outside the United States, select Yes. 2. Provide the name of the person who filed the immigrant visa as well as the USCIS receipt number (example: EAC ) for the associated immigrant visa petition filing. 3. If you or any accompanying family members are currently the beneficiary of a visa petition, or the beneficiary of an applicant for a nonimmigrant or immigrant visa, select Yes. 4. Provide the name of the person or organization who filed the immigrant visa petition and the USCIS receipt number (example: EAC ) for the filing. Instructions for Requesting Benefits Using USCIS ELIS 17

18 5. If you or any accompanying family member are currently waiting for a decision from USCIS on an application to adjust status to lawful permanent residence, select Yes. 6. Provide the name of the person who filed the application for adjustment of status as well as the USCIS receipt number (example: EAC ) or A number (example: A ) for the filing. Background Questions 1. You must answer all the questions related to your eligibility for the benefit request and your eligibility for this benefit request. 2. You also must answer Yes if any family member have been arrested or convicted. Explanation 1. If you answered Yes to any question in the Background Questions section, you must provide an explanation for and information about the incident or situation. You also should describe any extenuating circumstances that may help USCIS determine your eligibility. 2. Provide the city or town, as well as the state, province and country (if not in the United States), where you were arrested, detained, and/or convicted. 3. Provide the name of the law enforcement agency involved in the incident and the date of the incident. 4. If you or a family member were convicted, provide the name of the court where the conviction occurred. 5. You must provide a copy of all arrest, conviction and court disposition records. 3.4 Beneficiary Information In this section, you are asked to provide information about beneficiaries you have included in your beneficiary request. A beneficiary is someone who can either be included as an applicant in certain applications with USCIS or has a petition filed by another person (or themselves in certain instances) on his or her behalf Beneficiary s Relationship to You: General Information Type of Relationship 1. Provide the names of all beneficiaries you have included in your benefit request. 2. Select the type of relationship you have with the beneficiary. Select all options that apply. Instructions for Requesting Benefits Using USCIS ELIS 18

19 Children 1. If the beneficiary is a child, select the type of relationship. (Examples: biological, adopted, stepchild.) 2. Provide the child's marital status. (Enter Married or Not Married. ). Definitions and Required Documents 1. For the benefit you are seeking, you can only apply or petition for persons who are related to you. 2. Valid relationships include: Spouse: A husband or wife of the applicant or petitioner in a spousal relationship created when a marriage has occurred in accordance with the laws of the jurisdiction where the marriage took place. Submit a copy of your marriage certificate issued by a government authority as evidence of your relationship. Biological child (not married): An immediate descendant of the applicant or petitioner related by blood or genetic lineage. Submit a copy of the child's birth certificate as evidence of your relationship. Under immigration law, when a child turns 21 years of age or marries, he or she is termed a son or daughter. With the exception of certain A and G nonimmigrant who can still qualify as dependents up to the age 25, a child beneficiary must be under 21 years of age and unmarried to be eligible for this benefit. Stepchild (not married): A biological or adopted child of the spouse of the applicant or petitioner whom the applicant or petitioner has not adopted and who is not the biological child of the applicant or petitioner. Immigration law states that for a child to be considered a stepchild, the marriage between the applicant or petitioner and the child's parent must have occurred before the child turned 18 years of age. As evidence of your relationship, submit a copy of the child's birth certificate and a copy of your marriage certificate showing that your marriage to the child's parent took place before the child's 18th birthday. Under immigration law, when a child turns 21 years of age or marries, he or she is termed a "son" or "daughter". With the exception of certain A and G nonimmigrant dependents, a child beneficiary must be under 21 years of age and unmarried in order to be eligible for this benefit. Adopted child (not married): Under immigration law, a child who the applicant or petitioner adopted while the child was under 16 years of age and who has been in the legal custody of, and has resided with, the adoptive parent or parents for at least 2 years. As evidence of your relationship, submit a copy of the child's birth certificate and the adoption decree showing you as the adoptive parent. Instructions for Requesting Benefits Using USCIS ELIS 19

20 Under immigration law, when a child turns 21 years of age or marries, he or she is termed a son or daughter. With the exception of certain A and G nonimmigrant dependents, a child beneficiary must be under 21 years of age and unmarried in order to be eligible for this benefit Beneficiary s Relationship to You: Specific Instructions Account Information If the beneficiary has a USCIS ELIS account number, type the 12-digit account number (example: ) in the space provided. Full Legal Name 1. You must provide the beneficiary s full legal name for USCIS records and documents. The beneficiary s name must be the same as it appears on the beneficiary s passport, birth certificate or other legal form of identity. 2. You must submit a copy of the document used to establish the beneficiary s identity. Name Changes 1. If the beneficiary s name has changed due to marriage, divorce, naturalization or adoption, or through a court order, you must submit evidence of the beneficiary s legal name change. 2. The following sets of terms are often used interchangeably: (1) family name, surname, and last name (2) given name and first name (3) middle name and second name. 3. If the beneficiary has no first name, select No first name. If the beneficiary has no middle name, select No middle name. Other Names Used 1. If the beneficiary has ever used any other names, select Yes. 2. You must provide each name the beneficiary previously used, including nicknames and aliases. Examples of other names used include a maiden name, part of a first or last name, or a shortened or altered version of a legal name. Examples: Kate used in place of Catherine (given name), William used in place of Guillermo (given name), and Rama used in place of Ramachandran (family name) Addresses Current Physical Address 1. If the beneficiary currently lives with you, select Yes. 2. If the beneficiary does not live with you, you must provide USCIS with the beneficiary s current physical address. This address may not be a Post Office Box (P.O. Box) or an in care of (C/O) address. Instructions for Requesting Benefits Using USCIS ELIS 20

21 Foreign Addresses 1. If the beneficiary s residence is not within the United States or a U.S. territory, provide the beneficiary s foreign address in the space provided. 2. You must include the present-day name of the beneficiary s country, even if it had a different name when the beneficiary was born or last resided there. (For example, Soviet Union in the past, Kazakhstan today.) You also must include the province, postal code, and the country as part of the address. Mailing Address 1. If the beneficiary s mailing address differs from his or her physical address, enter that address in the spaces provided. You may provide a Post Office Box (P.O. Box) address if it is where the beneficiary receives mail. 2. If the beneficiary s mail will be sent to someone other than yourself or the beneficiary, include an in care of (C/O) name as part of the mailing address. The C/O designation provides the name of a person currently residing at the address given Biographic Information Current Member of the U.S. Military If the beneficiary is currently a member of the U.S. military, select Yes in the space provided. Otherwise, select No. Date of Birth 1. Provide the beneficiary s date of birth as it is shown on the beneficiary s birth certificate or other government-issued identity document. 2. Enter the beneficiary s date of birth using the month-day-year format (mm/dd/yyyy), even if the beneficiary s birth certificate or other government-issued identity document uses a different format. Place of Birth 1. Provide the beneficiary s place of birth as it is shown on the beneficiary s birth certificate. 2. If the beneficiary s country of birth no longer exists, select Other and in the additional space provided insert the name of the country at the time of the beneficiary s birth. Gender Provide the beneficiary s gender (male or female or unknown). Country of Citizenship 1. Provide the name of the country of the beneficiary s citizenship. You should provide the country s present-day name. 2. If the beneficiary holds dual citizenship or is a citizen of multiple countries, list the beneficiary s primary country of citizenship and in the additional Instructions for Requesting Benefits Using USCIS ELIS 21

22 space provided supply the names of the remaining countries where the beneficiary was (or still is) considered a citizen Immigration Entry into the United States 1. Indicate the beneficiary s immigration status at the time of your entry into the United States. If you are not a U.S. citizen or lawful permanent resident of the United States, this status can usually be found on the Form I-94, Arrival-Departure Record, issued to the beneficiary at the U.S. port of entry. 2. If the beneficiary has been in the United States previously, in the additional space provided enter the number of times he or she entered the U.S., the location where he or she entered, and the beneficiary s status each time he or she reentered the U.S. (Example: The beneficiary entered the U.S. as a B-2 visitor twice in 3/1994 and 7/2010 at the San Ysidro port of entry.) 3. You can provide additional information for the beneficiary, such as prior entries and departures, in the additional space provided. Most Recent Arrival (Arrival-Departure Record) 1. If the beneficiary was issued a Form I-94, I-94W or I-95 and still has it in his or her possession, select Yes and provide his or her Arrival- Departure Record Number. 2. If the beneficiary was issued a Form I-94, I-94W or I-95 but no longer has possession of it due to loss, theft, mutilation or damage, select No and provide the beneficiary s explanation for not having the form. 3. If the beneficiary is a Canadian citizen who entered the United States as a visitor for business or pleasure, select B1/B2. 4. If the beneficiary entered the United States illegally, select EWI (for Entry Without Inspection ). 5. If the beneficiary entered legally but subsequently violated his or her status or overstayed his or her authorized period of admission, enter the date that the beneficiary s period of authorized admission expired. Expiration of the Period of Admission Enter the expiration date of the beneficiary s I-94 in a month-date-year format (mm/dd/yyyy). The picture below shows where to find the expiration date on the beneficiary s I-94. Instructions for Requesting Benefits Using USCIS ELIS 22

23 1. If the beneficiary entered as an asylee or refugee, the beneficiary s Form I-94 may show that he or she may have been admitted indefinitely or D/S. If so, mark D/S in the space provided. If your I-94 has no annotation, leave the space blank. 2. If the beneficiary entered as a student, he or she probably was admitted for duration of status (D/S). If so, select D/S. 3. If the beneficiary entered the United States under the Visa Waiver Program (VWP) and was admitted via VWP s Electronic System for Travel Authorization, the beneficiary s passport should contain a U.S. admission stamp with his or her class of admission ( WT/WB ) and the expiration date. Enter the date in the space provided. Immigration Status 1. Provide the beneficiary s immigration status at the time he or she last entered the United States. 2. Provide the time of last arrival, the location where the beneficiary entered and the date of the beneficiary s last entry into the United States. 3. Provide the beneficiary s current immigration status. 4. If the beneficiary already has an A number, select Yes and insert the 10-digit number (example: A ) in the space provided. 5. If the beneficiary s immigration status has expired, enter, in the field provided, the date the status expired. If the beneficiary entered the country without inspection, admission or parole, select EWI ( Entry Without Inspection ). 6. If the beneficiary has a valid and current immigration document issued by USCIS, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection or a Department of Justice immigration court, provide Instructions for Requesting Benefits Using USCIS ELIS 23

24 the immigration status and document number in the additional space provided Government Identification U.S. Government-Issued Identity Card or Document 1. If the beneficiary has an identity card or document issued by the U.S. government, select Yes. This identity card or document must contain a photo of the beneficiary. 2. Provide information from at least one of the documents listed. You also will be required to scan and upload a copy of the beneficiary s identity document into USCIS ELIS. 3. If the beneficiary has a passport, select Passport and provide the name of the issuing country, the passport number and expiration date in the spaces provided. 4. If the beneficiary has a driver s license issued by a U.S. state or territory, select U.S. Driver s License and provide the name of the issuing state or U.S. territory, the driver s license number, and the expiration date in the spaces provided. 5. If the beneficiary has any other U.S. government-issued photo identification document, select Other Government-Issued Photo ID and describe the type of document. Provide any available document number and the expiration date in the space provided. Foreign Government-Issued Identity Card or Document 1. If the beneficiary has an identity card or document issued by a foreign government, select Other Government-Issued Photo ID. This identity card or document must have a photo of the beneficiary. 2. If the foreign identity card or document has an identification (ID) number, enter the number in the space provided. 3. If the foreign identity card or document has an expiration date, enter the date in the space provided. No Identification Card Available 1. If the beneficiary does not have a government-issued identity card or document, select No. 2. In the additional space provided, submit the beneficiary s explanation for not having an identity document. Instructions for Requesting Benefits Using USCIS ELIS 24

25 3.5 Supplemental Biographic Information Employment History 1. Provide the name of your current or most recent employer and enter the start date and, if applicable, end date of this employment. Enter the dates in a month-day-year format (mm/dd/yyyy). 2. In chronological order, provide your employment history for the last 5 years, starting with the most recent. 3. When you have finished including each employer, click Add to add your employment history in your benefit request Education History 1. Provide the name, address and dates of attendance for each educational institution you attended, starting with the most recent. 2. Enter the dates of attendance in a month-day-year format (mm/dd/yyyy). 3. Indicate degree(s), if any, you received from these educational institutions and your field(s) of study Residence History 1. Provide address information for each place you have lived during the past 5 years, starting with the most recent. 2. Enter the dates you lived at each location using the month-day-year format (mm/dd/yyyy). 3. When you have finished including the requested information, click Add to add your residence history to your benefit request. 3.6 Evidence Evidence Needed 1. After you have completed the form, you will be asked to submit required evidence. USCIS ELIS will display a list of documents needed to support your request. 2. Any document written in a language other than English must be accompanied by a full English-language translation. 3. Translators must certify that the translation is complete and accurate, and that they are competent to translate from the foreign language into English. Instructions for Requesting Benefits Using USCIS ELIS 25

26 3.6.2 Evidence Instructions 1. You are required to provide supporting evidence to establish your eligibility for your benefit request. When using USCIS ELIS, you must scan and upload into the system any documents required to be submitted with your benefit request. Ensure that your documents meet the specified file types. 2. When scanning your documents, make sure they are clear and readable. Ensure the documents are free of streaks and are not too dark. Also ensure that handwriting is visibly legible and that facial features from photos are visible. 3.7 Preparer This section must be filled out if you did not complete this benefit request by yourself General Information DO NOT COMPLETE THE PREPARER SECTION IF: You completed this benefit request by yourself, with no assistance from another person. Someone helped you only by demonstrating how to use a computer or related equipment, such as a scanner, to complete this benefit request. A licensed attorney is representing you as a client or if a Department of Justice Board of Immigration Appeals (BIA)-accredited representative completed this benefit request on your behalf. If you are represented, do not file this benefit request using your USCIS ELIS account. Attorneys and accredited representatives MUST establish their own USCIS ELIS accounts and submit a Form G-28, Notice of Entry or Appearance as an Attorney or Accredited Representative, before they can file a benefit request on your behalf. COMPLETE THE PREPARER SECTION IF: Any person (such as a business associate, relative, neighbor or friend) read the questions to you, translated the questions so you could understand them in your native language, provided views on the type of response required, or addressed any other substantive matters related to your benefit request. The preparer is not an attorney or BIA-accredited representative. The preparer is an attorney or BIA-accredited representative who only prepared the benefit request and will not represent you before the agency Required Preparer Information Preparer Name You must provide the preparer s full legal name. Preparer s Business or Organization (if applicable) Instructions for Requesting Benefits Using USCIS ELIS 26

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